[Amended 5-15-2018 ATM by Art. 29; 5-16-2023 ATM by Art. 35; 5-13-2025 ATM by Art. 24]
For the purpose of this bylaw, the following words and terms used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned.
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other materials which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT CABARETA nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which regularly features persons or entertainers who appear in a state of nudity, or live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT MOTION-PICTURE THEATERAn enclosed building or any portion thereof used for presenting material (motion-picture films, videocassettes, cable television, slides or any other visual media) distinguished by an emphasis on material depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
ADULT USEAdult bookstores, adult cabarets, adult motion-picture theaters, adult paraphernalia stores and adult video stores as defined in this bylaw.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade for sale or rent motion-picture films, videocassettes and similar audio/visual media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31.
AUTOMOBILE SERVICE STATIONA building or place of business where gasoline, oil, and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.
BOARD OF APPEALSThe Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts.
BODY SHOPA building, or part thereof, used for structural repairs and refinishing of motor vehicles for remuneration.
BUILDINGA structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property.
BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot.
BUILDING HEIGHTThe vertical distance as measured from the average finished grade level adjoining the building at all exterior walls to the highest roof surface, but shall not include chimneys, spires or mechanical equipment or penthouses used for enclosure of mechanical equipment.
BUILDING, PRINCIPALA building in which is conducted main or principal use of the lot on which said building is situated.
CAR WASHAn area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CONGREGATE HOUSINGA noninstitutional residential shared living environment, which integrates shelter and services needed by the functionally impaired or socially isolated elder (age 55 or older) who does not require the constant supervision or intensive health care services provided in an institution. The shared living environment must include at least two of the following:
A. A shared accessible community space;
C. Shared dining facilities; or
D. Shared bathing facilities.
DISTRICT or ZONEAny portion of the territory of the Town of North Andover within which certain uniform regulations and requirements or various combinations thereof shall be applied under the provisions of this bylaw.
DRIVE-THROUGH FACILITYA facility that provides for the convenience of drive-through windows which allow for transactions of goods and/or services to be carried out without the customer having to leave his/her motor vehicle. The proportion of drive-through business to the total business volume of the applicable business establishment is not relevant to the determination of whether that business establishment contains a drive-through facility.
DRIVEWAYA way located on a lot, which provides vehicular access to the buildings on the lot. Each driveway shall service no more than one lot. Subject to the granting of a special permit from the Planning Board, a driveway may be shared by not more than two lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land.
DWELLINGAny building or portion thereof designed or used as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein.
DWELLING UNITOne or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein (same as "apartment").
DWELLING, ONE-FAMILYA dwelling built single and apart from any other building and intended and designed to be occupied and used exclusively for residential purposes by one family.
DWELLING, TWO-FAMILYA freestanding building intended and designed to be occupied and used exclusively for residential purposes by each of not more than two families (same as "duplex"). The principal building in a two-family dwelling conversion shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without a foundation, and no structure which is entirely or partially a garage shall be considered as meeting the 75% requirement.
ERECTEDIncludes the words "built," "constructed," "reconstructed," "altered," "enlarged" and "moved."
FAMILYOne or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.
FAMILY SUITEA separate dwelling unit located within a single-family dwelling subordinate in size to the principal unit and separated from it in a manner which maintains the appearance of the building as a single-family dwelling. The size of the family suite is not to exceed 1,200 square feet or not more than 25% of the gross floor area of the principal unit, whichever is less. The family suite may only be occupied by brothers, sisters, maternal parents and grandparents, in-laws and/or children of the residing owners of the principal dwelling unit. In no case shall an apartment be smaller than the minimum required by health and building codes.
Expiration: The family suite definition shall expire on July 1, 2028.
FLOOR AREA RATIOThe ratio of the floor area to the lot area, as determined by dividing the gross floor area by the lot area.
FLOOR AREA, GROSSThe floor area within the perimeter of the outside walls of the building without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
FLOOR AREA, NETThe actual occupied area(s), not to include hallways, stairs, closets, thickness of walls, columns or other features, which are not occupied areas.
FRONTAGEThe continuous distance between lot side lines measured along the street line.
GUESTHOUSEA dwelling in which overnight accommodations are provided or offered for transient guests for compensation. The term "guesthouse" shall be deemed to include a tourist home, but not an hotel, motel or multifamily dwelling.
HAZARDOUS MATERIAL(S)Any chemical or mixture of such physical, chemical, or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of the Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids, and alkalis, and all substances defined as toxic or hazardous under MGL Chapters
21C and
21E, and those chemicals on the list in Committee Print Number 99-169 of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning Community Right-to-Know Act of 1986" [including any revised version of the list as may be made pursuant to Subsection (d) or (e)].
HOME OCCUPATIONAn accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not be limited to, the following uses: personal services such as those furnished by an artist or instructor but not occupations involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods, which impact the residential nature of the neighborhood.
HOTEL OR MOTELA building intended and designed primarily for transient or overnight occupancy and divided into separate units within the same building or buildings.
INDEPENDENT ELDERLY HOUSINGA multifamily residential structure, each with separate access and restricted to individuals or couples at least 55 years of age or older. This definition shall not be construed to prevent mentally or physically impaired people from living with an occupant or occupants of an independent elderly housing unit.
LOADING BAYAn opening in a building not less than 10 feet in width and nine feet in height, including a platform for loading and unloading goods, merchandise or other materials.
LOTAn area of land in single or consolidated ownership which contains definite boundaries and is ascertainable by a recorded deed in the Essex County Registry of Deeds office.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, STREETAny lot line separating the lot from a street or alley (usually the front lot line).
LOT LINESThe property lines bounding the lot.
LOT, CORNERA lot abutting upon two or more streets at their intersection.
MEAN HIGH WATER MARK(Lake Cochichewick) An elevation of 113.67 on the United States Coast and Geodetic Survey datum.
MEDICAL CENTERA building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes.
NO-CUT ZONEAn area which is left in its natural condition, which shall not be disturbed by any means, which includes but is not limited to the cutting of trees or understory.
NONCONFORMING USEA building, structure or use legally existing and/or used at the time of adoption of this bylaw, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
OFFICE, BUSINESSA primary use consisting of office activities of any type, including business and financial office activities (including banks and financial institutions) and professional office activities.
OFFICE, PROFESSIONALA primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other professional person or persons.
PARKING GARAGE, PRIVATEA structure used for parking of automobiles and available to employees, clients or customers, whether for a fee or free.
PARKING GARAGE, PUBLICAny parking garage, other than a private parking garage, which is open to the public and used for the storage of motor vehicles.
PLACE OF WORSHIPA church, temple, synagogue, mosque, or other similar place of worship, including a parish house, rectory, or convent.
PLANNED DEVELOPMENT DISTRICTA. PLANNED DEVELOPMENT DISTRICTDevelopment of an area of land as a single entity, which lies in an Industrial S (I-S) District, in which a mixture of residential, open space, commercial, and/or industrial uses, and a variety of building types and designs are determined to be sufficiently advantageous to render it appropriate to grant a special permit to depart from the normal requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning Bylaw.
B. USABLE OPEN SPACEThe part or parts of land or structure within the PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such a cafes and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-aired recreational facilities, laundry apparatus and similar objects shall not be considered obstructions.
PLANNING BOARDThe Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts
PRINCIPAL STRUCTUREThe structure on a lot of record which contains the primary use of the lot. A principal use shall not be contained within an accessory structure as defined in this bylaw.
PUBLIC BUILDING USEA building or use owned or operated by a local, county, state or federal government agency.
ROOMING HOUSEAny building or portion thereof containing more than two rooms and fewer than 10 rooms without kitchen facilities that are used, rented or hired out to be occupied for sleeping purposes for compensation, whether the compensation is paid directly or indirectly.
SOLARB. SOLAR COLLECTORA device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
C. SOLAR ENERGYRadiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
D. SOLAR ENERGY SYSTEMA device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating. The definitional scale of a solar energy system shall be determined by the cumulative surface area of all proposed systems.
(1) SOLAR ENERGY SYSTEM, ACTIVEA solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
(3) SOLAR ENERGY SYSTEM, GROUND-MOUNTEDAn active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-, or large-scale).
(6) SOLAR ENERGY SYSTEM, OFF-GRIDA photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.
(7) SOLAR ENERGY SYSTEM, ROOF-MOUNTEDAn active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-, or large-scale).
E. SOLAR THERMAL SYSTEMAn active solar energy system that uses collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.
SPECIAL PERMITA permit granted under the guidelines of § 9 of Chapter 40-A of the General Laws.
SPECIAL PERMIT GRANTING AUTHORITYThe Planning Board shall be the granting authority of all special permits to cluster development, planned development district, driveways, nursing and convalescent homes, Watershed Protection District, wireless service facilities and large estate condominium conversions. The Board of Selectmen shall be the granting authority of all special permits pertaining to nonaccessory signs as specified in §
195-6.6C of this bylaw. The Board of Appeals shall be the granting authority of all other special permits allowed in this Zoning Bylaw.
SPECIAL PERMIT USEA use of a building or lot or an action upon premises which may be permitted under this bylaw only upon application to the appropriate special permit granting authority for a special permit and subject to the approval of such permit granting authority and the conditions stipulated.
STREETA public way or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board.
STRUCTUREA combination of materials assembled at a location to give support or shelter that is safe and stable, which includes, but is not limited to, the following: buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, bridges, sheds, shelters, fences and walls, display signs, and storage trailers or units, whether intended for permanent or temporary purposes, used for storage of goods and products associated with the operations of any business on the subject parcel(s), and remain in any relatively fixed location. The term "structure' shall be construed as if followed by the words "or part thereof," but shall not include underground utilities, driveways, parking lots, agricultural storage trailers and vehicles, and the like. Where the North Andover General and Zoning Bylaws are silent, then the current edition of the Massachusetts Building Code shall be assumed to apply.
STRUCTURE, TEMPORARYStructures that are permitted within a zoning district without any foundation or footing and that are removed or dismantled when the designated time period, activity, or use for which the structure was approved and erected has ceased. Said structure shall be permitted for duration of time not to exceed 60 days unless otherwise specifically approved by the Building Inspector. For purposes of this definition, motor and recreational vehicles shall not be considered under this definition.
TOWNHOUSEAn attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by this bylaw.
TRIBUTARYAny portion of any brook, stream, bog, swamp, or pond, which flows into Lake Cochichewick.
YARD (SETBACK)An open space which lies between the principal building or group of buildings and a lot line.
YARD, FRONT (SETBACK)An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands.
YARD, REAR (SETBACK)An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands.
YARD, SIDE (SETBACK)An open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extent between the front yard and the rear yard of such a lot.